In Re Jacob J.

People v. Jacob J.

Bad Law
130 Cal. App. 4th 429·2005 Cal. App. LEXIS 976·2005 Daily Journal DAR 7232·30 Cal. Rptr. 3d 255·2005 Cal. Daily Op. Serv. 5343
Court of Appeal of CaliforniaJune 17, 2005C046367California3,047 words

Opinion

Opinion

Hull, J.

Seventeen-year-old Jacob J. (the minor) was committed to the California Youth Authority (CYA) for a period not to exceed four years after he admitted possessing cocaine. (Health & Saf. Code, § 11350, subd. (a).) He appeals.

We reject the minor’s arguments that the court abused its discretion in committing him to CYA and in denying his motion to modify that commitment.

We hold, however, that the amendments to Welfare and Institutions Code section 731 (further undesignated statutory references are to the Welfare and Institutions Code) require the trial court to set a maximum term of physical confinement at CYA based on the particular facts and circumstances of the matter or matters that conferred jurisdiction over the minor in juvenile court. Because the record does not demonstrate that the trial court set a maximum term of confinement based on the facts and circumstances of this particular case, we remand the matter to the juvenile court for that determination. We also note the trial court failed to complete Judicial Council form JV-732 and direct the court to do so at the further disposition hearing.

Facts and Proceedings

In February 2002, the minor was declared a…

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